Freedom of Mediain conflict Situations

SAARC Journalists Summit-IV

Dr. Iftekhar Ahmed Chowdhury, the Adviser for the Ministry of Foreign Affairs, Bangladesh, Lyonpo Ugyen Tshering, Bhutan's Foreign Minister, Pranab Mukherjee, External Affairs Minister of India, SAFMA President Lakshman Gunasekara, Rohitha Bogollagama, Chairman, Council of Ministers of SAARC, Shah Mahmood Qureshi, Foreign Minister of Pakistan, Abdulla Shahid, Foreign Minister of Maldives, Gyan Chandra Acharya, Foreign Minister of Nepal

Inaugural Session

Anura Priyadarshana Yapa, Media and Information Minister, lighting traditional oil lamp to open the conference, SAMC Secretary General Najam Sethi,

SAFMA President Lakshman Gunasekara, SAFMA Secretary General Imtiaz Alam and Iqbal Subhan Chawdhury from Bangladesh look on.

he 4th Saarc Journalists Summit is taking place at

a time when the South Asian region is passing Tthrough tumultuous changes, difficult transitions

and perpetuation of some conflicts. Nepal has seen

overthrow of monarchy and a steady movement towards

establishing a secular republic. The February elections in

Pakistan have brought to power a bloc of liberal

democratic parties, led by Pakistan Peoples Party, who are

struggling against an authoritarian presidency and

autocratic establishment. The conflicts in Sri Lanka,

Afghanistan and the frontier regions of Pakistan have

exacerbated and democracy still remains elusive to

Bangladesh and Maldives. The fuel and food crisis is

extracting its massive cost while fuelling inflation across

the region.

Journalists and many media outlets, in the meanwhile, and media products and free movement of journalists have come under greater pressure and intimidation with across our borders. Despite our persistent efforts, the more casualties in the last seven months in the conflict- governments have in fact not budged. The decision by ridden regions. There is a rising wave of intolerance in Saarc Council of Ministers at New Delhi to grant 50 Saarc some parts of South Asia that is directed against moderate Visa Stickers to journalists has not been implemented by sections of society and independent journalists. any State. The issue of free movement of media products Extremism in the name of religion and ethnicity is leaving or allowing greater access to and free flow of information little space for mediation and resolution. The media is across the region has not even been considered, even increasingly coming under attack not only from the though electronic and multi-media market is bringing security agencies but also from violent non-state actors. In down the customs barriers. Nor has SAFMA been spite of these worrisome tendencies in some parts of recognized as an Apex Body of the Saarc, despite the South Asia, media is growing at a tremendous speed. promises made by almost all the foreign ministers of

member countries. Yet SAFMA is the most active As we meet in Colombo, the 15th Saarc Summit is poised

associate body of Saarc promoting its objectives. to take a new leap towards extending the theme of

“Connectivity” to promoting “Partnership for the people This 4th Saarc Journalists Summit, along with the Second of Saarc” and addressing the threats to food and energy Conference of South Asia Media Commission, is going to security. New proclamations are expected to be focus on the issues of media freedom and safety of pronounced, but the real issue would be how and when. journalists in our region. We would also like to see the The peoples' partnership in the Saarc processes of member countries of Saarc make a good beginning on cooperation can only be possible if they are allowed to their agenda of promoting connectivity and partnership move across the region freely without the restrictions of among the people of Saarc by allowing free movement of visa regime and are facilitated by greater connectivity media products and journalists across our region. We through road, rail, air and sea. Once borders are opened would also demand an Apex Body status by Saarc to and people start moving in their millions, the market strengthen its agenda for partnership of the people. Even forces are bound to respond, even if the governments do if some of them may not like, we call upon all the not. governments of Saarc member States to protect and

respect press freedom and ensure safety of journalists. At the level of SAFMA, we have been persuading Saarc

and its member countries to allow free flow of information

THEME AND OBJECTIVES

Call for Media FreedomImtiaz Alam

Imtiaz Alam Saarc member states should protect and respect press freedom and ensure safety of journalists

ll the countries in South Asia are familiar with conflict and have experienced it. All South AAsian countries are still learning how to survive

in such situations where media, informing 1.5 billion people of South Asia, are still trying to survive.

Having SAARC Journalists' Summit every year parallel to the SAARC Summit is intentional. It aims at having political deliberations on the platform provided by SAFMA. The Summit aims to engage political leaders and discuss how the situation can be improved by accepting the challenges put forward for this millennium. The Summit is a platform where the media persons can demand appropriate action by their governments to ensure freedom of media.

Lakshman Gunasekara is President of South Asian Free Media Association (SAFMA)

Engaging political leaders Lakshman Gunasekara

Lakshman GunasekaraMedia trying to survive in conflicts

INAUGURAL SESSION

he inaugural session of the fourth SAARC penetrated the Pakistani society and was coming into

Journalists' Summit was held on July 30, 2008, conflict with the freedom of press. She cited the increasing Tin Colombo, Sri Lanka. The theme of the Summit number of deaths of media persons in Pakistan to prove her

was 'Freedom of media in Conflict Situations'. The first point. She highlighted how separatist movements in the

speaker was Ms Sadaf Arshad, coordinating editor of northeast of India had put journalists in the line of fire.

South Asia Media Monitor. She talked about the conflict “Every year journalists sacrifice their lives to fulfil their

regions in South Asia and highlighted how the media professional responsibilities.”

persons were compelled to compromise their stance in She said Sri Lanka, scoring top position for press freedom such regions due to pressure. She mainly talked about violations, was turning into a “no go area” for journalists. Afghanistan, Pakistan, India and Sri Lanka where the “Political officials branding journalists as “traitors” shows media were not free and media persons faced curbs on up the low status the media enjoy in Sri Lanka.” She their movement. “Due to the rise in the number of condemned the discrimination of media persons on ethnic murders of media persons, the South Asian region has lines and highlighted the woes of Tamil journalists who gone further down in the press freedom ranking. were being assaulted and were receiving threats. Journalists in the region are not only harassed and

threatened but some of them have also been abducted by She called upon the Sri Lankan government to take security intelligence agencies and other pressure groups.” measures to safeguard the rights of media persons and

ensure media freedom. She said governments and non-Ms Arshad also discussed how, in Afghanistan, the state actors must respect media freedom and facilitate government easily succumbed to the pressures exerted media persons in accessing information. “South Asia must by the conservative religious leaders. “Both the move towards free flow of information, breaking the government and the Taliban use journalists as clutches of secrecy – especially when the region is striving bargaining chips to serve their vested interests.” hard to deal with conflict.”

She gave a detailed account of how intolerance had Lakshman Gunasekara, the president of South Asian Free

Media Association (SAFMA), in his welcome address into Sri Lankan journalists' detention.

greeted the chief guest, Sri Lanka's Media Minister Anura Sri Lanka's Media Minister Anura Priyadarshana Yapa said Priyadharshana Yapa. Explaining the theme of the commonalities and shared concerns in the cultural, conference, he said that all the countries in South Asia geographical, historical and economic spheres connected were familiar with conflict and had experienced it. He South Asians to one another, which made them inter-said that all South Asian countries were still learning on dependent and partnership a logical objective and even the how to survive in such situations where media, informing condition of being. 1.5 billion people of South Asia, were still trying to

survive. He said it was worrying that there was so much focus on

politics and a serious neglect of issues of development in “Having SAARC Journalists' Summit every year parallel the media. “We see so much about the politics of the here to the SAARC Summit is intentional. It aims at having and now and so little about the processes that may or may political deliberations on the platform provided by not deliver things to citizens that improve their life chances SAFMA. The Summit aims to engage political leaders and and can or cannot guarantee a better future for their discuss how the situation can be improved by accepting children.” the challenges put forward for this millennium. The

Summit is a platform where the media persons can He proposed setting up a South Asian News Agency. demand appropriate action by their governments to “Instead of others writing about South Asia, we in South ensure freedom of media.” Asia should write our stories ourselves.” The minister said

he believed that a news agency of 'our peoples, for our Imtiaz Alam, the Secretary General of SAFMA, outlined peoples and with our peoples', was something worth the objectives of the SAARC Journalists' Summit. He said working towards. the Summit was taking place at a time when the South The minister ended his speech on a positive note and Asian region was passing through tumultuous times, wished the South Asian media well to prosper and achieve difficult transitions and perpetuations of conflicts. He, their goals.taking pride in the achievement, told the house that

SAFMA had representation from all the eight countries of Later, the house was opened for discussion and comments.

South Asia in the conference. Though governments and An Afghan journalist complained that in Afghanistan the

the media usually have adversarial relationship, he biggest challenge for journalists was politicisation of the

emphasised on the need for unity. media. Besides they face pressures exerted by conflict in

the region. The act of influencing the media through money Commenting on the theme of the SAARC Summit 2008, was what he found the most threatening where reports which was 'partnership for the people', he pointed out were published to contradict the already published reports.how last year's theme 'connectivity' had still not been

achieved in the region. “How can SAARC guarantee

connectivity when people do not have access to its

member countries?”.

He criticised Pakistan, India and Bangladesh for being

rigid and not allowing free movement of people. “The

governments fear that they would get exposed if

journalists are allowed to move freely within the region.”

Appreciating India for implementing the Information

Act, he encouraged other countries to make serious and

sincere efforts to implement it to ensure free flow and

access to information.

In his concluding remarks, he criticised the media

organisations for not providing insurance cover to their

media persons working in combat zones. He demanded

punishment for those involved in the killing of

journalists. He called upon the governments to adopt

security measures for the safety of media persons. Mr

Alam requested the Sri Lankan media minister to look

INAUGURAL SESSION

Freedom of Media in Conflict Situations

Rapporteur: Sadaf Arshad

SAFMA Sri Lanka, Sharmini Boyle welcoming delegates Muhammad Amin Mudaqiq from Afghanistan

against civilians. In 2008, journalist Abdul Samad there lives -- Dr. Chishti Mujahid, Siraj Uddin, Khadim

Rohani, working for the BBC Kabul bureau and the Pashto Sheikh and Muhammad Ibrahim Khan. The recent killing

service in the southern Helmand province, was found shot of Ibrahim in Bajaur, a conflict zone, highlighted the

dead after being abducted on June 7. A local Taliban chief dangers and hazards involved in reporting. Many areas of

allegedly threatened him earlier and his house was the NWFP and Balochistan have proved no-go-areas for

target of an attack in 2006. In a conflict-ridden country, media-persons who put their lives at stake to cover these

the government easily succumbs to the pressures exerted regions without any security and protection provided by

by conservative religious leaders. In regions like Hirat their organizations. Disappearances in conflict regions

province, attacks, harassment, intimidation, threats and like those bordering Afghanistan and Iran have made the

arrests of media-persons are creating an anti-freedom environment hostile for journalists to continue their

environment. In April, five journalists from Radio Faryad, professional duties. Two journalists from an Urdu-

including Ms. Khadeja were attacked. Intelligence agency language newspaper Daily Azadi from the Pakistan-Iran

NSD in Hirat has been involved in threatening journalists border town of Taftan went missing this year. Among the

like Khadija who twice escaped grenade attacks. The cycle range of issues, the worrisome sign is the emergence of

of impunity and indifference by the government and the vigilantism that is taking a course of intimidation, threats

accused parties towards killing has created a great sense of and suicide bombing to silence those who differ with their

insecurity among Afghan journalists. fascist project. Now the range of coercion is expanding to

the mainstream media. PAKISTAN Pakistan is back on the democratic track though A daily newspaper “Aaj Kal”, published from Lahore overwhelmed by extremism, terrorism and rising received threats from Islamic extremists. The rage was intolerance, creating adverse conditions for freedom of expressed due to the publication of a cartoon about Umme expression. In the last five years, 20 media-persons have Hassaan, wife of Lal Masjid (Red Mosque) cleric Maulana lost their lives. This high number, a proof of deteriorating Abdul Aziz and also an editorial criticizing religious law and order situation in the country, has converted the militancy. At a congregation in Islamabad, protestors country into a death zone for media-persons. Hayatullah's made speeches against the newspaper and raised slogans killing has blatantly exposed the intelligence agencies against Najam Sethi, Editor-in-Chief of daily Aaj Kal, whereas Muneer Ahmed Sangi's case directly addressed accusing the newspaper of being anti-jihad and the issue of safety. A victim of the crossfire between two threatened to “teach them a lesson”. The staff also tribes in Sindh, Sangi has challenged the responsibility received threatening telephone calls in Lahore and factor of all media organizations blamed for sending Islamabad. This attitude coming from yet another non media persons on assignment in conflict zones without state actor is clearly seen as an attempt to silence the voice taking any safety measures. In 2008, four journalists lost of sanity.

oes of media in South Asia are not different

from those of any other conflict-ridden region Wwhere journalists, like so many other

'collateral' vulnerabilities, become victims of the crossfire

among the adversaries. Media-persons face seen and

unseen obstacles to the freedom of expression and

freedom of press. An increase in the killings, threats,

harassment and abduction of media-persons is alarming,

and is harming conflict resolution. The extension of

medias role as mediator puts the lives and freedom of

journalists at stake, which is evident from the increasing

attacks on media in all South Asian countries with varying

level of intensity.

The safety of media-persons in wars and conflict zones

does have an international legal support.

The First Additional Protocol to the Geneva Conventions

of 1949, Article 79 says:

1. Journalists engaged in dangerous professional

missions in areas of armed conflict shall be

considered as civilians (…).2. They shall be protected as such under the

Conventions and this Protocol provided that they

take no action adversely affecting their status as

civilians (…).

Taliban who still have their stronghold areas.

Afghanistan, the prime victim of the war against

terrorism, has seen killing of innocent civilians, militants

and media-persons, including foreign journalists. Facing

the troubles in the post-conflict country, the woes of

media-persons have worsened in the last few years. In

2007 six media-persons became the target of the wrath of But in real situations these documents do not bring any

Taliban militants and officials. The year 2008 saw the relief to the victims.

same level of intolerance and apathy for freedom of

expression. Kidnapping of foreign journalists and their AFGHANISTANIn Afghanistan, the downfall of hardline Taliban regime use as bargaining chips has set an abhorrent trend lethal

allowed reemergence of media leading to a boom, though to press freedom. The deals between Taliban and the

in the presence of NATO forces. Afghanistan's speedily government for saving lives of foreign journalists and

changing status from a war-torn country to a no-go area belittling the importance of local journalists have

explains how media is surviving amid threats from all appeared as a threat and a challenge for the conflict-hit

quarters including security forces, NATO forces, the country. Journalists in south of Afghanistan cover the

government, Islamist conservatives, and above all the conflict despite attacks and risks and report atrocities

UN Resolution 1738 reaffirms that journalists in conflict

situations must enjoy the protection provided by

international law. It further recalls the legal obligation of

states parties to the Geneva Conventions to search and

bring to trial people responsible for grave breaches

against the Conventions.

Media, Freedom and conflict in South Asia

Sadaf ArshadThe conflict in South Asians countries is damaging the process of liberalization, peace, economic development, empowerment of women and pushing the region towards a dark alley.

Sadaf Arshad

already lost meaning as all the killers are at large. The where frequent abductions have added more uncertainty.

political will is what the government is losing when it Threats, hate speech and public identification have been

comes to giving justice and protection to media-persons. used to bully the media into submission besides calling

Caught in the crossfire between two armed forces, them traitors. The conflict in South Asians countries is damaging the journalists in the Jaffna peninsula are constantly the process of liberalization, peace, economic development, targets of threats, kidnappings and murders, and many of empowerment of women and pushing the region towards a them have been forced to flee the region.dark alley. The only possible solution to this is freedom of

The defence chief Gotabhaya Rajapaksa reportedly media. branded some journalists "traitors" and called for

The division of media in all the countries, political, ethnic, sweeping censorship. The hate speech against media or linguistic, is obvious and causing serious damage to persons would surely incite more violence and press freedom and freedom of expression. The traditional intolerance against media-persons who are already role of media has expanded and introduced many new suffering from the wrath of both the parties to the dimensions especially its role in conflict resolution and conflict. peace building. Abduction and killings of journalists and

A senior journalist, Keith Noyahr, deputy editor of The censorship on media are direct or indirect blows to media Nation newspaper and defence columnist was severely freedom and tactics to silence their voices. The assaulted after being abducted from his home. Another governments and other non state actors must respect journalist, A.A Mohammad Anzir working for media freedom and facilitate them in accessing Thinakkural newspaper, made a police complaint information. South Asia must move towards free flow of alleging threats to his life for his reporting of human information breaking the clutches of secrecy especially rights, parliament proceedings and most recently the when this region is striving hard to deal with conflicts. It is upcoming eastern elections and violence. Tamil the responsibility of media organizations to protect and correspondents of the national and international media support their media-persons, and provide them with have been leaving the north and east and sometimes even training to work in combat zones along with safety gears the country, after receiving such threats. and insurance. We call upon the governments to respect

the vital role journalists play in an open democratic society The impunity prevalent in north-east is encouraging

as verbal, written, and physical assaults on journalists are more murders and human rights violations. Safety of

attacks on the very fabric of a democratic society. media persons is a priority in the given circumstances

INDIA English-language Daily Excelsior, was killed when In many conflict zones in India including the north-east, suspected militants exchanged fire with security forces. where separatist movements are being waged, media- The killing brought the number to nine of prominent persons work under tough conditions confronting many media-persons killed in the state in the last 18 years of challenges daily. Besides murdering Prahlad Goala in militancy. More than 18 journalists have been injured Assam, last year these outfits issued directives against during militancy. The death is a reminder of the risks run journalists. Again this year, the death of another journalist by representatives of the media in this unstable border Md Muslimuddin, Asamiya Pratidin correspondent and region. The governments and media owners have to Morajhar Press Club president raised alarm about the realize the dangers journalists face as reporters, security of journalists in Asaam, north-east. He died of photographers and stringers of the media organizations in wounds by sharp weapons used by an unidentified armed the conflict areas, like north-east and Kashmir. group. A rise in violent incidents against journalists is the

SRI LANKAresult of absence of accountability as the perpetrators Violence, intimidation and harassment of journalists are have never been brought to justice. the mark of identification of Sri Lanka which has been

Journalists' harassment needs the government attention. struggling hard with the internal ethnic conflict between

Two senior journalists—Pradip Datta Bhaumik and Tamil and Sinhalese. The resumption of war in 2006

Pranmoy Saha from the mass—circulation Bengali daily made all hopes fade out even after losing more than

Dainik Sambad-in the north-eastern Indian state of 70,000 lives. Sri Lanka stands very low in the ranking of

Tripura were harassed by the elements of the armed police press freedom and human rights. HRW accused the

force assigned to special security duties and anti- security forces and pro-government militias of being

insurgency operations. Journalists in Tripura, as also the among the world's worst perpetrators of enforced

entire north-eastern region of India, work in very disappearances. In Sri Lanka, most of the media is divided

challenging circumstances, and it is crucial that state on ethnic lines and Tamil-language media have often

authorities and the security agencies respect their come under pressure from the Sinhalese-dominated

officially granted credentials and not impede their government. Six journalists were killed in 2007. In 2008,

freedom of movement or seek to cause injury to their Paranirupasingam Devakumar, a television reporter of

professional dignity. Still in Kashmir where the conflict Tamil origin, was hacked to death. Devakumar is the latest

has escalated into civil war since 1989, journalists have journalist to fall victim to the spiral of violence that has

become victims of crossfire while performing their wracked the Jaffna peninsula. All the promises the

professional duties. Ashok Sodhi, a photographer for local government makes to investigate the murders have

athered here are people united by two things:

location and vocation. We are all South Asians Gand, regardless of differences in language,

culture, ethnicity and religious belief, we are more

similar to each other than we are similar to anyone else in

the world.

All of us are associated with the broad subject called

‘media' and as such there are many points of intersection

when it comes to our work, concerns, fears and reasons

for hope. privileged. My government has a huge responsibility to

As South Asians, there are commonalities and shared look after all the citizens of Sri Lanka and safeguard all

concerns in the cultural, geographical, historical and property, public and private. I believe that under the

economic spheres that connect us to one another, which circumstances we are doing an excellent job.

make us inter-dependent, and which makes partnership Through all this a robust and independent judiciary has a logical objective.operated as an effective bulwark against excesses and

We are, in the words of President Mahinda Rajapaksa, "a infringement of rights and as a solid protector of the

region of contrasts ... with significant disparities in Gross democratic tradition that has sustained us through trying

Domestic Product, income levels, national resources and times over the past 60 years.

population." Our regional plate is overflowing with Most recently, countering all predictions, we succeeded in environmental concerns, poverty, political upheaval and liberating the entire Eastern Province from terrorism. We the increasing threat of terrorist attack. We have, proceeded to hold elections in this province and are regardless of all this, remained committed to democratic currently engaged in implementing a comprehensive principles and have with admirable resoluteness and development programme so that the true dividends of resilience gone about developing our capacities and peace accrue to these people who have for long suffered as a improving the life chances of our peoples. result of the conflict. The balance sheet of this

I can speak of our experience in these matters. In Sri humanitarian effort is indeed exemplary; with minimum

Lanka our democracy, our citizens, public and private damage to the forces, near-zero casualties among civilians

property and indeed our way of life are all threatened by and maximum losses to the terrorists.

the L TTE which introduced to the world the notion of Today, an ex-terrorist has given up arms and embraced suicide bombers and suicide kits. democracy to be elected the Chief Minister of the Eastern

And yet, we elect people into power and vote them out of Provincial Council. Today, this province, with an almost

power regularly; we maintain a free healthcare system equal mix of Sinhalese, Tamils and Muslims, has realized

and offer free education to our children, have achieved that there is no better option than working together in a

and maintained admirable numbers when it comes to democratic manner to resolve disputes and fashion a better

literacy, good health and general quality of life and future for its children. Today, only the LTTE talks of a

continue to implement development projects that bring separate state. To terrorism, like the rest of the region and

benefits to all citizens and especially those who are less the world, we have decided to say 'no'. To the legitimate

grievances of the Tamils and all other communities, we development. Just as actors in economy and culture work

say, 'yes' and look to the democratic ideas of debate, together, so too must journalists cooperate, share and

consultation, representation, transparency and learn from one another across national boundaries.

accountability to deliver justice and sustainable peace. SAFMA, given its mandate and its nuanced appreciation of

ground realities in our region, will continue to play a In all this, the media has played a crucial role. It has progressive and responsible role in the affairs of the region. empowered the people by providing necessary

information and cogent analysis of economic, political I believe that we are graduating from that other era when

and social processes. South Asia is a region where the media and information could be subject to control. I

traditions of democracy, overflowing emotions, keen believe, therefore, that we are moving into an era which

interest in politics and a healthy curiosity about what is challenges all of us to be more responsible in what we say

happening have made for an alert public and an even and do and how we say and do it.

more alert media. We are fortunate that we have a long There is so much focus on politics and a serious neglect on tradition with respect to media, media freedom and issues of development in the work of the media. We see so related issues. much about the politics of the here and now and so little

Like most of South Asia, we are blessed with a population about the processes that may or may not deliver things to

that has an incredible thirst for information. In Sri citizens that improve their life chances and can or cannot

Lanka, a long democratic tradition - we have had guarantee a better future for their children.

universal adult franchise since 1931 - coupled with an Where are the well-argued, well-written features over 90% literacy rate - has gone hand in hand with the investigating development drives, the philosophies upon development of a robust media culture, to naturally which they are founded, and the extrapolations thereof? breed a lot of expectations that governments could ill-Where is that necessary debate about paradigms of afford to ignore. Barring brief and sporadic periods, the development, which question the logic of the processes of last 100 years have seen a gradual and increasingly globalization, celebrate where celebration is justified, systematic expansion of a liberalized media culture in Sri lament where lamentation is demanded? Where is the Lanka. This has taken the form of encouraging private framing of development in the prerogatives of media organizations and creating conditions for their sustainability? Where are the archives that hold the development. With 14 television stations, 32 radio volumes on development which have abandoned buzz stations and 23 newspapers with nation-wide words and disavowed sloganeering? All I have seen is circulations, with the private media outnumbering state sporadic expression of concern, with little scientific media, with ever-expanding internet access, with the substantiation and with a liberal splashing of rhetoric. proliferation of news-related websites, it is impossible to

hide anything from anybody. The state-owned media Secondly, I would like to toss among you an idea which I am cannot lie and get away with it. Neither can the private sure many of you would have pondered over; that of a media, for that matter. South Asian News Agency. I believe that SAFMA has

succeeded in laying the foundation for such an entity and it In Sri Lanka, there are no laws governing media and we seems the next logical step. Why should we let others make see this as a good thing. We only have a media policy and us inhabit their versions of our reality? Let us first write our we expect the media to act with circumspection and stories ourselves. I believe that a news agency of our responsibility that makes for healthy and useful media peoples, for our peoples and with our peoples, is something practice. Most recently, my government appointed a worth working towards. special committee of ministers to look into the

complaints of journalists. This, in addition to other I wish you integrity. I wish you humility. I wish you bodies set up as institutional safeguards against rights compassion. I wish you wisdom. And I wish of course a violations. Our system, in short, though imperfect is wholesome journalistic experience, today and throughout certainly less compromised in its imperfection than most your careers. other nations facing similar threats and endowed with

problems associated with development lag.

The media has a responsible and crucial role to play in

society. In this light, it is indeed commendable that the

South Asian Free Media Association has reiterated its

commitment to playing a progressive role in the region's

INAUGURAL ADDRESS

Anura Priyadarshana Yapa

Media and Information Minister

Media should focus on development issues

Anura Priyadarshana Yapa South Asians have commonalities and shared concerns in the cultural, geographical, historical and economic spheres that connect them to one another, and make them inter-dependent.

Plenary Session

Rahimullah Samandar: All journalists bodies in their suggestions. We hope that the government will waste

Afghanistan have approved the FOI law. In article 15 of no time in promulgating an ordinance. There is provision

our constitution we have been given the right to for appointment of a chief information officer, free from

information except in cases of national interest. Besides bureaucratic control. We feel the appointment procedure

this, after six years of democracy, we have more than 500 should be democratic. A committee should select the

publications and 16 television stations. We have 18 officer after establishing a competence level.

provinces on the front lines of war. The other problem is The enforcement of this act will also require amendment to that in to 24 provinces, governors don’t know much about the Official Secrets Act, an old, antiquated law. The the media. The public believes journalists; when they see Bangladesh constitution provides for freedom of news from foreign channels, they want detailed reports. information and the press subject to reasonable It is difficult to get information on cases of corruption and restrictions, determined by the bureaucracy. We feel that human rights abuse. The government also does not give this FOI law should compel the bureaucracy to timely information about its affairs, especially those related to provide information, with a penalty attached for failure to NATO polices and departments such as Defence, Interior comply. We in Bangladesh are unanimous in our view that and Justice. The Afghan media is doing well; it is very without the right to information it is difficult to do stories. important for Afghan journalists to balance the story, For example: in a rural area, no one knows how a contract is which sometimes puts them in trouble. For example, the drawn up even for their own jobs. With the freedom of Taliban want the media to place their stories. We need information law, it will be possible to expose corruption. SAFMA’s approval for a draft FOI law in Afghanistan.We hope to put pressure on our government to promulgate

this law as soon as possible.

Mahbub-ul-AlamYou have already had a brief account of the progress on

the draft FOI law. It warrants further amendments in the Bhutan: Kesang Demalight of recommendations by SAFMA and other bodies. Freedom of expression has been somewhat intoxicating in We feel that the exemptions need to be limited. Details a conservative society where the government had long kept have to be worked out. Different NGOs have also put up a tight rein over media. Since 2006, two private

PLENARY SESSION

Access to and free flow of information

Iqbal Subhan Chawdhury from Bangladesh, Kesang Dema from Bhutan, Mujib-ur-Rehman Shami from Pakistan, SAFMA

Secretary General Imtiaz Alam, Bhaskara Rao from India, SAFMA President Lakshman Gunasekara, Narayan Waghle from

Nepal, Midhat Adam from Maldives and SAFMA Afghanistan General Secretary Rahimullah Samandar

India — Bhaskara Rao:This session focuses on access and freedom of information.

There is a great deal of misunderstanding about the word

access. About information, we at CMS have come up with a

few insights about the freedom of information and its

advantages.

! It is a win-win situation for journalists and the public.

The more people ask for information, the more you

will have.! It is a great opportunity for the media to work on their

credibility. They can access information first-hand.! It creates a level playing field for journalists (you no

longer will need to have 30 years behind you to get

information).! Introduces a team concept. A lot of tact is required by

working in tandem.

The most disappointing fact is the applications issue. 85%

applications have been filed by those already in the system.

Although the government passed the FOI law, it did not do

anything to support or popularise this law.

newspapers and three private radio stations have been India-Vinod Sharmafounded. Educated Bhutanese devour spirited I think the FOI law has to be understood in the right sense.

newspapers and unrestricted Internet, which is opening It is a gift of the NGOs and the media is still unable to make

up government and individuals to scrutiny never seen good use of it

before.Vijay NaikWhen this law came into force, many complaints came to One cannot just sweep corruption and other official the President-more than 300 complaints. He appointed a misdeeds under the carpet as previous governments special officer to see to the complaints, and has taken an might have done. And as journalists we are making every interest in this law.effort to make officials believe that releasing of

information is no bad thing because it contributes to a Maldives: Midhat Adam

more transparent government in which people will feel The Maldives media is still working without any media act; greater confidence. Press freedom is meaningful for the only protection we have is freedom of expression journalists only if they are free to gather, as well as to guaranteed by the current constitution. Due to the absence report news. Official interference will only shrink that of a media act we have been facing difficulties to cover freedom. public events and political events, especially anti-

journalists gather here before leaders and discuss issues of

concern to us. We, in Nepal, are in transition-we just had

elections and are moving towards democracy. During the

king’s time, the press fought hard for freedom. We have an

interim constitution and a draft right to know law. Very

recently we formed a right to information commission. We

have some doubts about this, but it is still too early criticise

that. However, the foundation of the right to information

has been laid down.

government protests. The police keep harassing the

media. With the failure of the Bill on Freedom of

Information in December 2007, President Gayoom

under his right to issue decrees ratified a regulation on

Freedom of Information on May 2008. The regulation

would fully come into effect by 1 January, 2009, and

would stay in effect for 24 months. The regulation

contains strict conditions, both for the requested party

and the supplier. The main concern of us as media

persons is that we are working with no media act and lack

of Parliament interest for media protection.Sri Lanka—Lakshman GunasekeraOn behalf of the Sri Lankan chapter, I thank Waqar

Mustafa for preparing the report. Sri Lanka has the

smallest section; not much has been done on this in the

country. A law, drafted by the Chandrika government, was

not passed. Since then there has been a shift. The survival

of the media is now a priority. The issue of information has

now become a part of public discourse. It is based on the

current ideology of military priorities.

Imtiaz AlamThere are countries with good laws like India, although

efforts are required to put these laws in place. There are

countries where even the process has not started such as

the Maldives, Sri Lanka, Bhutan, Bangladesh and

Afghanistan. Pakistan also falls into the same category.

SAFMA should be focussing on lobbying for these laws.

Even with a good law in India, the issue of implementation

is much more complex. There has to be a transformation of Nepal- Narayan Waghle the culture of secrecy. Just getting a bill passed is not I come from a country where there is Buddhism, enough. Hindusim and now Maoism! I am proud to note that now

Sevanti Ninan, Vinod Sharma and Munnoo Bhai

Borrowing wisdom from our own laws which unduly restrict freedom of

region—South Asia, I quote Amartya expression.

Sen, the Nobel Prize winning Indian However, change is now very much on economist, who says that there has the agenda. Superior courts in some never been a famine in a country with a countries in South Asia have free press and open government. recognised the right to information as

Information and power are inalienable. part of the constitutional guarantee of

Without information, people have no freedom of expression or thought.

power to make choices about their Civil society groups, including

government, no ability to meaningfully SAFMA, in all countries in the region

participate in the decision-making h a v e b e e n d e m a n d i n g t h a t

process, to hold their governments governments respect the right to

accountable, to thwart corruption, to information, and pass legislation

reduce poverty, or, ultimately, to live in giving effect to it. SAFMA has held

a genuine democracy. conferences, arranged research in

different countries of the region to The right to information is a propose and push laws and protocol fundamental human right, intimately that allow free flow of information. linked to respect for the inherent

dignity of all human beings. No government can now People, too, are no longer prepared to tolerate corrupt,

seriously deny that the public has a right to information undemocratic, secretive government.

or that fundamental principles of democracy and Governments in South Asia have started responding to accountability demand that public bodies operate these pressures, and taking on board the global recognition transparently. of the right to information but the pace is very slow.

However, not many states in South Asia have a national On information law, we can divide the countries of freedom of information law giving practical effect to this South Asia into three categories: those with no or right. Instead, most countries in the region maintain imperfect law on access to information— colonial era Official Secrets Acts, as well as other secrecy Afghanistan and the Maldives; those with legislation; laws which actively undermine information proposal but no legislation yet—Bangladesh, disclosure. The impact of these repressive laws is Bhutan, Sri Lanka and Nepal; and those with laws exacerbated by a pervasive culture of secrecy, and even but lacking in their effective implementation— arrogance, in the public sector. Pakistan and India.

Many public officials in South Asia rely on and Afghanistanperpetuate this culture to engage in personal The Right to Information Article 5 of the draft Media Law

enrichment; a right to information guaranteed in law is provides that everyone has the right to seek and receive

therefore essential to bring about change so they act, information from the government and that the

instead, to serve the public good. government shall provide this information unless it is

confidential on the basis that it endangers security, The media's role in society includes acting as a watchdog national interests, territorial integrity or the rights of of government, and enhancing the free flow of others. But the right to information is a complex matter information to the public. In South Asia, their ability to which requires more detailed legislative treatment than undertake this key function is undermined not only by simply one provision in a media law. Issues which need to government secrecy, which denies the media access to be addressed through law include the scope of application information on matters of public interest, but also by

for example, which public bodies are covered by the security and economic stability, government policy etc.

obligation of disclosure procedural questions for (does not include information that is 30 years old)

example, what time limits apply to the provision of The regulation gives the right to institutions to hold any information, what fees may be charged, what notice information that would destroy the stability of the country needs to be provided in case of a refusal to provide the but does not include information that would reveal failures information detailed rules relating to exceptions of the government, making it difficult for the government spelling out more precisely the circumstances under to be accountable.which access to information may be refuse and the

possibility of appeal from any refusal. The law could also Bangladeshusefully address issues such as proactive disclosure (i.e. The Council of Advisers has approved the draft 'Right to even in the absence of a request), systems for managing Information Ordinance-2008' to, what it says, ensure information, promotional measures and protection for transparency, good governance and accountability of whistleblowers. government organisations. The proposed ordinance would

require the government to appoint a three-member Maldives

Information Commission headed by a Chief Information The law on press freedom, despite numerous restrictions, Commissioner. was adopted in August last year but the parliament

rejected a law on access to information. A regulation on ARTICLE 19 and its partners say the draft law includes a the right to information was, however, ratified by number of positive features. It overrides inconsistent President Maumoon Abdul Gayyum on 5th May 2008 provisions in other laws, and specifically in the Official under his power to presidential decree after the bill on Secrets Act 1923, it provides protection against liability for right to information was thrown out of the parliament on civil servants implementing its provisions, and it provides 14 Dec 2007. The regulation is there but it is to fully come for an independent and high-level Information into effect by January 1 2009 for 24 months. Now guess Commission with broad powers to remedy failures to what it means. implement the law.

The regulation does not apply on circumstances where a But the draft law could still be improved. The main law stipulates conditions or stops from disclosing concerns are as follows: information. ! The right of access is limited to citizens, instead of

applying to everyone, and the openness obligations do Upon request, information should be supplied within 30

not apply to legislative, judicial and constitutionally days and if a longer period is required the requested party

established bodies.should be informed within the 30 days and the duration

! The proactive publication obligations are too limited, can be extended to 30 days. If the information could not both as to the scope of information covered and as to be disclosed if should be notified to the requested party the means by which this information is to be with the reasons. disseminated.

! The regime of exceptions is too broad. It contains The regulation allows an institution to refrain from

some exceptions which are not legitimate, it lacks a stating whether an information is available or not and

consistent standard of the harm and the rules for includes cabinet records, information related to national

The Right to Know in South AsiaWaqar Mustafa

Pakistani and Indian delegates

providing information in the public interest However, the law needs to be brought in line with better

notwithstanding an exception are weak. international standards and practices. ! The measures to protect the independence of the

The Right to Information Act grants every Nepali citizen Information Commission could still be further the right to access information held by public bodies. The improved, for example by replacing the Cabinet Act specifically places an obligation on public bodies to Secretary from the process, and by providing for respect and promote the citizens' right to information and greater civil society input and by further limiting the provides for an independent National Information conditions for removal of members.

! The package of promotional measures could be Commission.

further improved, for example by allocating a wider But the Act has several shortcomings, including the promotional role to the Information Commission, following: including through the dissemination of a public

guide on how to use the law, and by imposing specific ! It is limited in scope to citizens rather than applying to

training obligations on public bodies. everyone.! The information request procedures require applicants

So Bangladesh needs to revise the draft law to bring it into to submit reasons for their requests, which is not only

line with international standards, with a view to contrary to international standards but also potentially

promoting a progressive right to information system in places the burden of proof on the applicant.

Bangladesh.! It lacks an override providing for the disclosure of even

exempt information where this is in the overall public Bhutaninterest.There is no indication from the Bhutanese government

! Parliament and civil society groups should have greater on when it plans to introduce this vital act in the input in appointing members of the National parliament.Information Commission.

! The National Information Commission should be given Tenzing Lamsang says: “A sad sight is watching village a wider promotional mandate to foster implementation folks walking meekly into government offices and of the law.dzongs, some of them carrying gifts for even basic

! These problems should be redressed through the functions. Inside, they are at the mercy of clerks or even adoption of regulations which provide for positive 'dashos'. All this arrogance is with good reason, especially interpretation of the RTI Act. in the villages, because these officials or even gups' offices

control all information on everything from birth to death Sri Lankacertificates. Officialdom in Bhutan has too much power In Sri Lanka, the 2004 draft Freedom of Information Act over the people in Bhutan and this power is deeper in has been endorsed by both major parties, but had not been areas where the information flow is less.” passed as of July 2008. Instead, there have been extremely

worrying signs that the government is seeking to re-Officials say the Right to Information Act, once passed,

introduce harsh media controls to curb a free flow of will allow ordinary Bhutanese to be informed and get a

information. The government should work with the responsible, transparent and accountable government.

independent media rather than against it.Though the Act was drafted in 2007, the cabinet is yet to

introduce it in the Assembly. IndiaThe Indian Right to Information Act (RTI Act) came into

Chief Justice Lyonpo Sonam Tobgye says: “However, effect on 12 October 2005. Under this law all government since RTI is a fundamental right, even if the government bodies or government-funded agencies have to designate a has not passed the act, anybody can go and apply for Public Information Officer (PIO). The PIO's responsibility information and, on being denied, can move the high is to ensure that information requested is disclosed to the court, which in turn can ask the government to fulfill its petitioner within 30 days or within 48 hours in case of constitutional obligations.” information concerning the life and liberty of a person. The

law was inspired by previous legislation from select states Nepal(among them Rajasthan, Maharashtra, Goa, Karnataka, The Nepalese Right to Information Act 2007 adopted last Delhi etc) that allowed the right to information (to different year was an important step in giving practical effect to the degrees) to citizens about activities of any state Interim Constitution's guarantee of the right to government body.information. The Act is generally a progressive piece of

legislation. A number of high-profile disclosures showed corruption in

various government schemes such scams in Public accessed in the preceding drafts and the measure was

Distribution Systems (ration stores), disaster relief, immediately attacked for failure to meet the

construction of highways etc. The law itself has been internationally accepted requirements of an FOI law. The

hailed as a landmark in India's drive towards more right to know as defined in international human rights

openness and accountability. instruments and also guaranteed by the constitution of

Pakistan is not recognized. The category of information However, the RTI India has certain weaknesses that that can be accessed is small and that of exempted hamper implementation. There have been questions on information is abnormally large. The exemptions cannot the lack of speedy appeal to non-compliance to requests. be challenged. The law does not provide for expeditions The absence of a central PIO makes it difficult to pin- satisfaction of requests for information. The appeal point the correct PIO to approach for requests. The PIO, procedure is both flawed and inadequate. There is no being an officer of the relevant government institution, protection for whistleblowers. may have a vested interest in not disclosing damaging

information on activities of his/her institution, This, Last week Minister for Information and Broadcasting

therefore, creates a conflict of interest. In the state of Sherry Rehman said the government was introducing a law

Maharashtra it was estimated that only 30% of the on access to information. If the law ministry bureaucrats

requests are actually realized under the Maharashtra do not prevail, the government is most likely to adopt

Right to Information act. The law does not allow SAFMA's proposed act on access to information, which it

disclosure of information that affects national security, proposed after a national consultation in 2004 and later in

defence, and other matters that are deemed of national three conferences in Islamabad last year. Broad sections of

interest. the society must be made aware of this legislation and

strong enforcement will be needed for the law to be Chief Information Commissioner Wajahat Habibullah effectively used. Without such a mechanism, the law will has said that the judiciary too falls under the purview of only be on paper. Learning from the examples of other the Right to Information Act. Habibullah says the Right countries where an independent commission has worked to Information Act applies to all the organs of the wonders in assisting people to get information and address Government and all Constitutional bodies, which grievances when access has been denied is necessary. includes the legislature, executive and the judiciary. But

recently the Chief Justice of India, KG Balakrishnan Merely passing a bill will not do justice to information

remarked that it was 'debatable' whether the judiciary seekers until the bill-turned-law is implemented with

comes under the purview of the act. conviction. But laws alone cannot create a climate for a

democratic way of life. A law for the right to information Pakistan can be effective only through people's active involvement. Pakistan's Access to Information law, a presidential

decree, lacks legitimacy as it has never been debated in References: parliament. The Ordinance, promulgated in 2002, Article 19

Newspapersreduced the volume of information that could be

Bhutan is small, that's what many had been telling me. I

agree. But it is still a country. We have people there. We

have a government system there. And we have media. We

also know we have to keep our people informed. And in

the process we stumble. That's why we are here.

In the hope of finding a solution from the countries that

survived through countless turmoil over time, we are

here. The adoption of the Constitution of Bhutan, which

denotes transition of the country from absolute

monarchy to parliamentary democracy, grants

information as a right to the citizens of Bhutan. So having

guaranteed by the Constitution, the concept of the right

to information, in simple words, access to information, is

not an issue for us. It is the delivery of information we

have to discuss.

As a journalist who got the opportunity to cover the first

democratic election held in March, the importance of

freedom of media, the bigger role it had to play, dawned

upon me like never before. For the new political system to

work, I realized that it was critical that the people were

informed so that they could take up their responsibility as

citizens.

We are not used to sharing information. In fact we are Some bureaucrats, however, believe that the freedoms may more used to protecting information. One attempt by the have gone too far. They argue that Bhutanese reporters ministry of information to share an information policy make factual errors, are poorly trained, biased and prone to last year was stumped by a lack of response from the defame institutions and individuals. But these are the same bureaucracy. officials who puff up their chests and smile if it's a PR story,

distorted or not. Most of the time, these are also the same But with the formatin of the new government, I feel that officials who implore reporters to sniff out and expose the the new team of cabinet that belongs to the same political fiddles of bureaucrats. party has become comparatively accessible and

approachable. After all, they have promises to uphold. However, future seems bright as we come across officials

who are beginning to realize that under the new democratic However, bureaucracy and their outlook to media refuse government, one cannot just sweep corruption and other to budge. Officials have constructed barricades to make official misdeeds under the carpet as previous things difficult for reporters. Many times reporters are governments might have done. And as a journalist we are disallowed from contacting officials directly. making every effort to make officials believe that releasing

Freedom of expression has been somewhat intoxicating of information is no bad thing because it contributes to a

in a conservative society where the government had long more transparent government in which people will feel

kept a tight rein over media. Since 2006, two private greater confidence.

newspapers and three private radio stations have been What have I learnt? Press freedom is meaningful for founded. Educated Bhutanese devour spirited journalists only if they are free to gather, as well as to newspapers and unrestricted Internet, which is opening report, news. Official interference will only shrink that up government and individuals to scrutiny never seen freedom. before.

Scrutiny is the word now

Kesang Dema

We are not used to sharing information. In fact we are more used to protecting information.

Media, as the fourth estate, had been a

dormant institution in the Maldives for

quite a long time. The government used

the broadcast and print media as

machines to propagate its interest.

Much of the difficulties faced by the

political reformists in the past 25 years

and the current economic downturn in

the country could be argued as a

consequence of the lack of a free and

vibrant media.

Today, with the reciprocal efforts of the

country's reformists, the country's

media has witnessed significant

changes with the promise of becoming a

fully functional media in the future. The

country's media is far from free and fair.

This is mainly due to the 5 legislations

that failed to materialise in 2007 from

the country's parliament, which is

despite the DRP (the ruling party)

having a majority in the Parliament.

Today, while the power play in the

country's political arena keeps shifting

rapidly, the public's demand for

updated information continues to grow owned and financed by government ministers. Compared

heavily. At the same instance, political opponents also to the last five year the private media is more responsible

have the right to disseminate information. In this crucial now. Some newspapers and FM station are now openly

time, it is evident that the country's media has a severe lack raising issues against the government, criticising the

of professionalism and is heavily susceptible to political government and the opposition.

agendas, thus failing in its function to practice its social

responsibility and serve the public's interest. In the past twelve months, 10 radio stations have been

registered but only 5 are operating. Among the stations The Television Maldives and Voice of Maldives – which are

Dhifm ' Capital Radio, Faraway Radio, HFM and Atoll, under the direct control of the Ministry of Legal Reform,

only DhiTV, a pro-government station, is in operation Information and Arts – are the only media sources with the

among the 3 registered stations. The Maldives media is still capability of reaching the whole country. These two outlets

working without any media act, the only protection we displayed strong censorship until last year.

have is freedom of expression guaranteed by the current

constitution. Due to the absence of a media act we have As the government allowed private broadcasters to start

been facing difficulties to cover public events and political up, government-owned media outlets were also set free.

events, especially anti-government protests. The police From this year they have started working with the political

keeps harassing the media. parties and the public to go for public broadcasting

centres. At present there are 10 daily newspapers, 6 weekly In March 2006 under President Gayoom's "Roadmap to

magazines, 5 FM radio stations and 1 television station the Reform Agenda", six different bills related to the media

operation in the country. Some of the newspapers are were tabled by the government recognising the need to

have specific laws to protect freedom of media. Among the 3. Rules and Regulations pertaining to the 5 legislations five bills presented to the Parliament in 2007, the Freedom have to be in place for the media to begin functioning of Press Bill is now in the Committee after its debate stage properly. in the second reading. The bill on 'Registration of

Publications' failed to pass in the Parliament. 4. Training pertaining to all media personnel needs to be

conducted in a manner that serves the needs of the The Maldives Media Council Bill is now in the Committee industry. after its second reading while the Freedom of Information

Bill has been rejected by the Parliament. The Broadcasting 5. To establish a level playing field, media organisations

Bill is also in the Committee while the Bill on Cable TV need to be free of influence by large business

Services in the Maldives has not yet been presented to the conglomerations, which quite often work with the

Parliament. With the failure of the Bill on Freedom of government.

Information in December 2007, President Gayoom under

his right to issue decrees ratified a regulation on Freedom 6. A grace period has to be given for the media in applying of Information on May 2008. the laws related to defamation of character so that the

media can operate in an orderly fashion.The regulation would fully come into effect by 1 January,

2009, and would stay in effect for 24 months. The 7. An independent judiciary has to be present for the media regulation contains strict conditions, both for the to function freely. requested party and the supplier. Our main concern is that

8. The government should abolish import duty on we are working with no media act and lack of Parliament newsprint materials. interest for media protection. In order to develop a free

and vibrant media that serves the public's right to 9. Media-related bills are debated in a manner that does

information, the following measures are recommended. not restrict the free media.

1. The Television Maldives and Voice of Maldives have to

be transformed into a public broadcasting media.

2. The Parliament needs to hastily approve the pending

five legislations and due ratification by the President has to

be followed before the next elections.

Far from being free and fairMidhat Adam

Vijay Purushottam Naik makes his input

Concluding Session

Dr. Iftekhar Ahmed Chowdhury, the Adviser for the Ministry of Foreign Affairs, Bangladesh, Lyonpo Ugyen Tshering, Bhutan's Foreign Minister, Pranab Mukherjee, External Affairs Minister of India, SAFMA Secretary General Imtiaz Alam, Rohitha Bogollagama, Chairman, Council of Ministers of SAARC, Shah Mahmood Qureshi, Foreign Minister of Pakistan, Abdulla Shahid, Foreign Minister of Maldives, Gyan Chandra Acharya, Foreign Minister of Nepal

We, the participants at SAARC Journalists Summit-IV on 'Freedom of media in conflict situations' in Concerned about the increasing tide of intolerance by Colombo, Sri Lanka, on July 30-31, and August 1, state and non-state violent elements against free 2008, have agreed to adopt the following Colombo expression among the member countries of SAARC;Declaration on Freedom and Safety of Journalists:

Worried over the conflict situation in Sri Lanka that Deeply concerned by attacks on the freedom of media has seen the most severe condition of human rights and media persons including murder, deliberate violations in the country, just as in the 1980s, the attacks, abductions, hostage-taking, harassment, mass media now suffers from the regular intimidation, illegal arrest and detention and assassination, assault and intimidation of media incitement to violence against them due to their personnel and proprietors while media enterprises professional activities in the conflict zones and have been forced to shut down by means of state-beyond in the South Asian region; originated restrictions on holding companies or

outright bans. While up to fifteen journalists have Believing that media freedom is inseparable from the been assassinated in the past two years, most of them fundamental human and civil rights guaranteed by in state-controlled parts of the country, several others the constitution and enforceable through have had to seek refuge outside the country. The independent judiciary in a democratic system where seeming impunity with which either State-related both the state and society respect freedoms, show agencies or politicians and pro-government groups tolerance to dissent and practice pluralism; have perpetrated human rights violations draws

attention to the increasing collapse of law and order Recalling Article 19 of the Universal Declaration of and public security;Human Rights that guarantees freedom of expression as a fundamental right, and confirming that freedom Welcoming the extension of the last SAARC Summit's of expression is essential to the realization of other theme of Connectivity to “Partnership for the people

thrights set forth in international human rights of SAARC” for the 15 SAARC Summit as a leap instruments, and endorsing Resolution 29 entitled forward if translated into concrete measures to relax “Condemnation of violence against journalists”, visa regimes and multiple restrictions on free flow of adopted by the General Conference of UNESCO on 12 information and goods and unhindered movement of November 1997 that calls on Member States to people across our borders; uphold their obligations to prevent, investigate and punish crimes against journalists, Call on Member States of SAARC:

To take both short and long term comprehensive Endorsing the adoption by the Security Council of the measures to eradicate extremism and violent United Nations of Resolution 1738 on 23 December practices by both state and non-state actors or any 2006 calling on all parties to an armed conflict to other entities against civilians and journalists in fulfill their obligations towards journalists under particular; international law, including the need to prevent impunity for crimes against them and further To investigate all acts of violence and intimidation requesting the Secretary-General to include as a sub- against media professionals in their territory and item in his next reports the issue of the safety and bring such persons/outfits who have allegedly security of media professionals and organisations; committed such crimes to justice while compensating

for the losses incurred by the victims; Taking note of hitches and obstacles to transition to full democracy in the countries of the region, such as To promote awareness and train their armed forces, Bangladesh, the Maldives and Pakistan; intelligence and law enforcing agencies to respect and

promote the safety of journalists in situations of risk, Disturbed over the deteriorating security situation in and to ensure that journalists are able to work in full Afghanistan and the tribal belt of Pakistan and urging security and independence in their territory;the concerned authorities and security agencies to take appropriate measures against extremism, To recommend to multilateral and bilateral terrorism and intolerance, avoiding, however, institutions of international cooperation and collateral damage to people in general and journalists financial assistance that they require from recipient in particular; countries as a specific condition of eligibility respect

Colombo Declaration: Freedom and Safety of Media in Conflict Situations

for freedom of expression and effective protection of including, but not limited to, safety training for the exercise of press freedom, also to recommend to journalists, safety codes, healthcare and life insurance, these institutions that a state's failure to comply with its and equal access to social protection for free-lance obligation to investigate and punish killers of employees and full-time staff;journalists could be cause for revision, suspension or revocation of such cooperation; To coordinate widespread publicity campaigns on

unpunished crimes against journalists and other acts of To sign and ratify the Additional Protocols I and II to violence to bring about news coverage of all violations the Geneva Conventions, the Rome Statute of the of press freedom;International Criminal Court and other relevant international instruments of international To encourage journalism schools and mass humanitarian law and international human rights law, communication departments to include in their and to take the appropriate legislative, judicial and curricula studies on the impact that crimes against administrative measures to ensure application of the journalists and subsequent impunity have on aforementioned instruments nationally, in so far as democratic societies. In addition to promote the they provide protection for civilians, in particular those inclusion in the curricula of subjects or specific courses working in journalism; on press freedom and to coordinate activities, including

safety training, among press freedom associations, To comply with the commitments of UNESCO news media and journalism schools;Resolution 29 to promote legislation with the intention of investigating and prosecuting the killers of To further encourage collaboration amongst journalists and to combat impunity; journalists, media owners, educators, press freedom

groups and appropriate development agencies, at To adopt SAFMA's Protocol on Freedom of Information national and global level, to ensure the inclusion of and implement SAFMA's Protocol on Free flow of media development activities in social and economic information and movement of journalists across our development programmes;borders.

To act in favour of measures to better ensure Call on the Sri Lankan government: application of the rules and principles of a

humanitarian nature safeguarding journalists, media To swiftly complete the investigations into a number of professionals and associated personnel in situations of killings and abductions of journalists that have yet to be armed conflict, and to promote the security of the resolved if it is to retain credibility of its commitment to persons concerned;stability, public security and democracy; remove all restrictions and stop intimidation of media persons and To work against the emergence of new threats to media outlets. journalists and media staff, including hostage-taking

and kidnapping;Call on SAARC and Professional Associations:

To require that data be submitted to the SAARC To struggle at all levels in stemming and eradicating the Conference in a report on crimes against journalists tide of intolerance and violence against one section of and the number of cases that continue with impunity;the people or the other, journalists in particular;

To sensitize governments regarding the importance of To take resolute action against all expressions of freedom of expression and threat that impunity for intolerance towards freedom of expression and for the crimes against media professionals represents to this safety of journalists in situations of risk and to ensure freedom;respect for their professional independence;

To recall to member states their legal and moral To sensitize news organizations, editors and managers obligations to comply with UN Resolution 29 and about the dangers surrounding their staff when prevent crimes against journalists.covering hazardous stories, particularly the dangers present to local journalists; To take concrete remedial measures and remove all

hindrances to connectivity, people's partnerships, To urge news associations to develop and sustain safety people to people contact and free movement of provisions that work regardless of whether their staff information, goods and people across all our bordersare covering domestic stories such as crime and corruption, disasters and demonstrations or health issues or international armed conflict;

To promote actions that secure the safety of journalists,

Govts hold South Asian people apartZebunnisa Burki

We express our fullest solidarity with the in this regard has taken place. Similarly

journalists of this region. We appreciate without the free movement of media

that this Summit is taking place on the products, it is difficult to establish media

pertinent theme of Partnership for the relations in our region. We have great ideals

People. Last year's summit focussed on before us in the shape of SAFTA, the food

Connectivity. We expect, sir, that both are fund etc. For that to happen, please allow

implemented. Allow me to explain. In the the free movement of goods, people and

last summit, all foreign ministers had information across borders. I call upon you

promised us 50 stickers for journalists from to allow people to move across borders.

each country of SAARC for free movement. Safma has been trying hard to promote

So far procedures for implementation have regional cooperation. For example, last

not been laid down, except for Bangladesh. year we held a Parl iamentarians

We have been struggling since 2002 for Conference in Simla, India. Similarly, sub-

protocol on free movement of media regional cooperation and exchanges are

persons. We wanted a paragraph included also important. We have more of these

in the SAARC declaration but no movement planned for the coming year.

We set up SAMC at Delhi in 2007. The president of SAMC is Mr N Ram. Why

do we need a media commission despite the existence of SAFMA? The

reason is that this region has become very grim for media persons. This year

alone 10 media persons have died. SAMC is sort of a rapid deployment force

for when the media is threatened. Without interaction and interface, it is

very difficult to counter the attacks against the media. SAMC is supported in

every country by other media bodies for example the PFUJ in Pakistan. Let

me give just one quick example. Two weeks ago, I was personally

threatened; my staff was in a cloud of fear. Within two hours, the

information ministry issued a press release. The government gave military

guards to guard us. We expect governments to act in this way in every

country where journalists are threatened. We want an interface, we don't

want to interfere in your issues. I hope this year we will be able to send fact-

finding missions to each country. We hope your Excellencies will be able to

facilitate us in our efforts.

Imtiaz Alam, Secretary General, SAFMA

Najam Sethi, Secretary General, SAMC

CONCLUDING SESSION

Improving connectivity a mustWe want an interface with governments

I am delighted to be at such an important session. I am particularly

happy that since assuming the Presidency of the council of Ministers, this

is one of my first public speeches. You are a fraternity that can both

promote and protect democracy. Listening to some of what has been said

here, I am encouraged that there is an important role for us to be

associated with you. I welcome you all to the Summit being held in

Colombo. Having said that, there are several areas where we have to

overcome challenges. Politicians look at challenges as opportunities. We

want freedom of our people, freedom from hunger, threats, terrorists,

violators. Media can help us. We are all being tested at elections. What

you is what we seek; you are the nexus. Connectivity is essential. Today

Colombo and Dhaka are connected. We are looking at Colombo and

Pakistan as well. The civil society getting connected will fashion the

SAARC. Look at EU, they came together for their people. We are looking

at similar things. As politicians, if there are threats to the media, we

condemn them. As an elected representative I see a nexus between the

civil society and politicians.

Sri Lanka: Rohitha Bogollagama, Chairman, Council of Ministers of SAARC

You have begun an excellent tradition that promotes people to people

cooperation by connecting minds and hearts. When SAARC was conceived

in Bangladesh, the idea was to create a series of linkages. We in South Asia

constitute 20 percent of the global technology. It is possible for all of us to

come together, fly together. Today India has a larger share in the world

market; they may have a disproportionate responsibility as well. We in

Bangladesh are about to start a society where the rule of law will prevail. All

this is possible with your (the media’s) help.

Bangladesh: Dr. Iftekhar Ahmed Chowdhury,

the Adviser for the Ministry of Foreign Affairs

Come together, fly together

Civil Society to fashion SAARC

I am very honoured to be sitting at a very distinguished panel and to hear

about the role of SAFMA. This year has been remarkable for Bhutan, with

four main objectives and goals. We are celebrating 100 years of monarchy,

we have begun the transition to democracy through popular elections and ththe coronation of the 5 King of Bhutan. There is difference and diversity

in SAARC. In Bhutan democracy was essential and though it was resisted

at first, it was brought about to be closer to the other countries of SAARC.

A free press in also necessary in Bhutan; in 1999 internet and broadband

was introduced. In 2006, it was felt that a free press was extremely

important. Accordingly licences were issued and two newspapers

emerged. Similarly radio broadcasting was opened up. Following

elections this year, it was decided that there would be live coverage of

election procedures. I am happy to tell you that there has been no reporter

in trouble. This is perhaps possible in a small society like ours. I thank

SAFMA for inviting me today.

Bhutan: Lyonpo Ugyen Tshering, Foreign Minister

We South Asians make up more than 22% of the total population of the world. It

is true, as mentioned by my worthy friend from Bhutan, that there are wide

divergences in South Asia. Therefore, India cannot be compared with any other

parliamentary system in the region. Surely as media persons it is your job to give

accurate and objective information and also place the situation in its proper

place. We would like to look into the recommendations made in various

declarations and implement them. I would like to draw your attention to a couple

of other issues. Media expansion is bound to take place; at the same time what is

needed is discipline. Similarly in the transformation of this system, there will be

divergences and debate in large democracies where institutions function.

Democracy can survive only with institutions. There are still deficiencies and

short comings. As early as 1891, amongst the Indian members of the Court,

everything was conducted on the system of nomination. I am referring to these

things because in some countries these were initiated earlier and in others a little

later. One growing recognition I find in all SAARC countries is a strong desire for

democracy. I feel this process is not perfect but it can be achieved only through

changes and acceptability. I sincerely believe our friends at SAFMA are valuable

contributors and we are committed to addressing your recommendations.

India: Pranab Mukherjee, External Affairs Minister

Free press necessary

Media needs discipline

Maldives does not want to hide anything from the world and we

are among the few countries who want to reveal what is

happening in the country. We have invited UN Special

Rapporteurs to visit the Maldives and they have accepted our

invitation, UN Special Rapporteurs on Freedom of Expression

will visit Maldives by the end of the year. The Rapporteur's

findings will let you know the status of freedom of expression in

the Maldives. We are doing this because we do not want to hide

anything, we want to let the UN and others know we are genuinely

pursuing reforms. The extent of freedom of expression can be

gauged from the news and articles published in newspapers and

magazines, which are very critical of the Government and

ministers and they have frequently called on ministers to resign.

There are four bills on media freedom submitted to the Majlis and

media freedom would be further widened when these bills are

passed by the Majlis.

Maldives: Abdulla Shahid, Foreign Minister

I welcome this opportunity to address you all. Particularly, I

would like to mention here my appreciation for SAFMA for its

role in the People's Movement in Nepal. In a modern society, the

media are our eyes and ears. I cannot think of a better way to get to

people than through the media. When I think of SAARC, I realise

we make 20% of the world's population but we don't even account

for 2% of the total output. We have 40% of the world’s total poor.

In 1990, South Asia and East Asia started their economic growth

journey together. The per capita differential was 400 USD; now it

is 1100 USD. We are pre-occupied with issues other than the

economy. We have been slow on decisions regarding regional

economic cooperation. But some positive developments have

taken place. They will go a long way in bringing about an

economic union. I think free press is necessary for economic and

social development as well as for political development.

Mr. Gyan Chandra Acharya, Foreign Minister

Nothing to hide? Free press necessary for uplift

I welcome the spirit that brought you to Colombo. SAFMA as an organisation is very

important for the region. It has always promoted democracy. I represent a party that has

fought hard for democracy for 8 years. Ours is a country which witnessed suspension of

human rights, and at that time journalists stood by us. You stand up and write and give us

hope. You represent the people of SAARC and in my view you represent civil society. Civil

society is far ahead of us and we (politicians) are treading behind which we must recognise.

What is food for thought is that SAARC represents 1.5 billion people of Asia. Are we ready for

that challenge? Is the spirit in SAARC reflecting that challenge? No. This is why I have written

to my colleagues urging them to put new life into SAARC. When my friend and colleague from

Nepal says that 40% of the global poor are from South Asia, it is because we come from

conflict situations. Only conflict management and resolution can remedy this. We have to

tolerate and co exist and give each other support. The SAARC region is suffering from food

scarcity and we must counter that as well as other ills common to the region. We must work

towards solar and hydro energy. Pakistan has put forward such a joint venture. I talked to Mr

Mukherji on the liberalisation of visas for journalists while at Delhi. It is the governments that

hold the people of South Asia apart. There are 139 new items on SAFTA's free list. We should

look at sub regional commonalities. The time has come when the people must speak the way

SAFMA speaks. I assure you as a parliamentarian and citizen of Pakistan to uphold these.

Shah Mahmood Qureshi, Foreign Minister of Pakistan

Conflict management and resolution is the key

Shah Mahmood Qureshi, Foreign Minister of Pakistan, flanked by Pakistani editors

SAFMA Secretary General Imtiaz Alam and Foreign Minister of Pakistan, Shah Mahmood Qureshi

Pranab Mukherjee, External Affairs Minister of India having a chat with SAFMA Secretary General Imtiaz Alam

Bhutan's Foreign Minister Lyonpo Ugyen Tshering being received

The foreign ministers reading the declaration text

Sara Tareen, Farah Waraitch, Meher Bokhari (craning her neck) and Shehar Bano Khan

Khalid Chaudhary from Pakistan and Zaheer-ud-din Khan from India in the foreground

Some members of Nepalese delegation

Sohail Qalandar, Atif Nadeem, Kesang Dema, Afshan Subohi and Rehana Hakeem

South Asian Free Media Association Regional Executive Body Meeting

We the heads of state and government of the member mutually beneficial cooperation at both bilateral countries of the South Asian Association for Regional and regional levels;Cooperation (SAARC) having held extensive 2. Remove all impediments to free flow of and access deliberations on the imperatives of information to information for good-governance, better revolution, the needs to promote free flow of and access understanding of each other and the urgently to information and the hindrances in the ways of free needed progress of the region in all fields;flow of information among our nations at the 15th 3. Eradicate all restrictions on free movement of Summit Meeting of the SAARC at Colombo, Sri Lanka: media-persons and, to begin with, those with ten

years of recognized professional standing with Appreciating an ever-increasing demand to benefit credible media organizations shall be exempted from the worldwide information revolution and ever- from visa, and facilitate the grant of multiple-entry growing free flow of information in all fields for the five-year Gratis Visa, exempted from police betterment of our peoples, enrichment of their reporting, to accredited media professionals with tremendous potentials and the overall progress of the three years of standing in the profession in a South Asian region; recognized media organization while removing

tedious processes of security clearance and Recognizing the imperative of free flow of information bureaucratic delays;for better understanding among our countries and 4. Harmonize and bring all tariffs in conformity with peoples about one another and promoting mutually zero-duty regime on all media-products and beneficial economic and cultural cooperation at both remove all non-tariff and para-tariff barriers to free bilateral and regional levels; flow of media products, including newspapers,

magazines, periodicals, books, cassettes, videos, Realizing the greater need to allow free flow of and soft-wares and electronically-transmitted access to information, including the free movement of features/stories/news, etc.;media-persons and media-products, such as 5. Allow bureau-offices or representation, with full newspapers, magazines, electronically-transmitted rights and necessary protection, to the recognized features/stories/news, across the borders of the newspapers, periodicals, magazines, news member countries of South Asian Association for agencies, publishers and television networks from Regional Cooperation (SAARC); any member state, that will be staffed by the media

persons of no less than three-year of professional Taking into account the aspirations of our peoples to standing;know the world and our own region, requirements of 6. Encourage professional collaboration among the development of our countries and an all-sided media, media-bodies, media-training and mass-cooperation in our region; communication institutions, in both private and

public sectors;Noting the multiple hindrances at various levels, both 7. Form a Consultative Media Body, consisting of the tariff and non-tariff, to the free flow of and access to representatives of media persons, media bodies information and free movement of media persons and and media ministries in member countries;media products across the borders of the member 8. Monitor progress on lifting of all barriers in the countries; and information sphere and implementation of this

Protocol through a SAARC Committee on Acknowledging our obligation under the international Information, consisting of Information Ministers, covenants and other instruments that recognize or their representatives, of the member countries;exchange of information in any form across frontiers as 9. Review the progress on the implementation of this a basic human right that each member state shall: Protocol at the 16th SAARC Summit Meeting.

1. Promote, as far as possible, free flow of and access to information within the region in the best interest of our peoples, economic growth of our countries and

SAFMA's Proposed Protocol on Free Movement of Media-persons and Media-products Across South Asia